Exam 2: The Resolution of Private Disputes

The ________ are the documents the parties file with the court when they first state their respective claims and defenses.

Which of the following is not a requirement of a complaint?

Which of the following situations would not satisfy a state's long-arm statute?

Generally,forum selection clauses in form agreements are unenforceable.

Mike sues Randy for "aesthetic pollution." The basis for his suit is Randy's habit of wearing clothes that Mike considers to be ugly.Mike's complaint offers details of Randy's "ugly" clothing in many separate,numbered paragraphs.However,no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party.Thus,Randy wants to defeat Mike's claim as fast as possible.The best procedural device for doing so is the:

The party successful in a civil lawsuit can seek to enforce a judgment by obtaining a writ of execution or by garnishment.

Harvey is planning to file a case against a petrochemical giant that has a plant in his town.The petrochemical plant is dumping toxic wastes into its surrounding areas.Harvey is mobilizing the residents of the town,all of whom have suffered from various health problems due to the activities of the plant.Which of the following would be of most help to Harvey and the other residents?

In the form of alternative dispute resolution called court-annexed arbitration:

What two kinds of jurisdiction are necessary for a state court to have jurisdiction over a case? Describe each briefly.

In general,a court has ________ if it is a territorially fair and convenient forum in which to hear the case.

What are depositions?

The American legal system gives considerable power to the jury;however,it also has devices for limiting that power.The ________ provides a judgment to one party before the jury gets a chance to decide the case.

For a state trial court to have the power to decide a civil case,it must have either in personam jurisdiction or in rem jurisdiction.

Calvin,a resident of South Park,Colorado,creates a website called "But Seriously" which acts as an electronic billboard for posting funny stories.Ted,a resident of Northridge,California,posts a story on the website.Stu,another California resident from San Diego,files a lawsuit against Calvin in a federal district court in California,claiming that Calvin had defamed him on his website.Based on these facts,does Calvin have sufficient "minimum contacts" to give the California federal district court in personam jurisdiction over him?

If the defendant's answer contains a counterclaim,that claim can arise out of any matter between the plaintiff and the defendant.

The judge,not the jury,always determines the applicable law.

In the text case AT&T Mobility LLC v.Concepcion,why did the U.S.Supreme Court majority believe that the case was subject to arbitration?

Dee sues Gerry for defamation.Dee thinks that the facts clearly are not as stated in Gerry's complaint and that,given Dee's version of the facts,Gerry cannot recover for defamation.What motion gives Gerry the best chance of winning the case early? What does it involve?

Interrogatories are a form of discovery requiring a party to file written answers to questions submitted to that party.

As in a criminal case,a defendant in a civil case may not be compelled by the plaintiff to testify.